,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efbd ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,lowenthal introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to establish a ,multimodal ,freight ,funding ,formula ,program and a ,national ,freight ,infrastructure ,competitive ,grant ,program to improve the efficiency and reliability of freight movement in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,economy in ,motion3 ,the ,national ,multimodal and ,sustainable ,freight ,infrastructure ,act4 #b4 ,freight funding programs 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejf4 ,multimodal ,freight ,funding ,formula ,program 7a7 ,in general ,the ,secretary shall establish a ,multimodal ,freight ,funding ,formula ,program under which the ,secretary shall distribute funds to ,states to improve the efficiency and reliability of freight movement in the ,united ,states4 7b7 ,formula apportionment ,on ,october #a of each fiscal year1 the ,secretary shall apportion among eligible ,states the amount made available to the ,secretary for that fiscal year to carry out the ,multimodal ,freight ,funding ,formula ,program as follows3 7#a7 #f4be percent in the ratio that-- 7,a7 the number of ports in each ,state2 bears to 7,b7 the number of ports in all ,states4 7#b7 #f4be percent in the ratio that-- 7,a7 the number of rail track-miles used for the movement of freight in each ,state2 bears to 7,b7 the number of such rail track-miles in all ,states4 7#c7 #f4be percent in the ratio that-- 7,a7 the number of cargo-handling airports in each ,state2 bears to 7,b7 the number of such airports in all ,states4 7#d7 #f4be percent in the ratio that-- 7,a7 the number of ,interstate system miles in each ,state2 bears to 7,b7 the number of ,interstate system miles in all ,states4 7#e7 #cg4e percent in the ratio that-- 7,a7 the tonnage of rail1 waterborne1 highway1 and airport freight moved in each ,state2 bears to 7,b7 the tonnage of such freight moved in all ,states4 7#f7 #cg4e percent in the ratio that-- 7,a7 the value of rail1 waterborne1 highway and airport freight moved in each ,state2 bears to 7,b7 the value of such freight moved in all ,states4 7c7 ,tier ,i eligibility ,a ,state shall be eligible for an apportionment under subsection 7b7 if the ,state-- 7#a7 has an established a freight advisory committee in accordance with section #aaag of ,,map-#ba 7,public ,law #aab-ada72 7#b7 developed any analyses or plans required for the completion of a ,state freight plan1 as determined by the ,secretary and in consultation with the ,administrator of the ,environmental ,protection ,agency in the case of environment goals and strategies1 in accordance with section #aaah of ,,map-#ba 7,public ,law #aab-ada72 7#c7 has an approved ,state freight plan2 7#d7 has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs2 7#e7 demonstrates use of the statewide analysis of freight needs in prioritizing projects in the ,state freight plan2 7#f7 demonstrates that the ,state will use the funding that it is apportioned under this paragraph for the highest priority projects identified in the freight investment plan described under section #aaah of ,,map-#ba 7,public ,law #aab-ada72 and 7#g7 demonstrates that the projects will use the strategies and contribute to the goals described in the ,state freight plan to decrease-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss4 7d7 ,tier ,,ii eligibility 7#a7 ,withholding ,the ,secretary shall withhold #fj percent of the amount required to be apportioned to a ,state under subsection 7b7 on ,october #a of a fiscal year if the ,state does not meet the requirements of paragraph 7#b7 on that date4 7#b7 ,tier ,,ii requirements ,a ,state meets the requirements of this paragraph if the ,state-- 7,a7 has met the eligibility criteria of subsection 7c72 7,b7 has conducted1 in cooperation with at least #a other ,state1 a multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs along a multistate freight corridor2 and 7,c7 has developed1 in cooperation with at least one other ,state or a relevant entity in ,canada or ,mexico1 a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation1 including intermodal and last mile needs4 7#c7 ,period of availability of withheld funds ,any funds withheld from apportionment to a ,state under paragraph 7#a7 shall remain available until the end of the fiscal year in which the funds are made available to the ,secretary4 7#d7 ,apportionment of funds withheld after compliance ,if1 before the last day of the period for which funds withheld under paragraph 7#a7 are to remain available for apportionment to a ,state under paragraph 7#c71 the ,state meets the requirements of paragraph 7#b71 the ,secretary shall1 on the first day that the ,state meets the requirements1 apportion to the ,state the funds withheld under paragraph 7#a7 that remain available for apportionment to the ,state4 7#e7 ,effect of noncompliance ,notwithstanding the limitation of funding under section #eejg7k71 if1 at the end of the period for which funds withheld under paragraph 7#a7 from apportionment are available for apportionment to a ,state under paragraph 7#c71 the ,state does not meet the requirements of paragraph 7#b71 the funds shall be available to the ,secretary for making grants under the ,national ,freight ,competitive ,grant ,program established under section #eejg4 7e7 ,period of availability ,any funds apportioned to a ,state under subsection 7c7 and 7d77#d7 shall remain available for expenditure until the last day of the third fiscal year following the fiscal year in which the funds are so apportioned4 ,notwithstanding the limitation of funding under section #eejg7k71 funds not obligated at the end of that period shall be available to the ,secretary for making grants under the ,national ,freight ,competitive ,grant ,program established under section #eejg4 7f7 ,eligible uses ,a ,state may use funds apportioned under this section only for-- 7#a7 the development of corridor freight plans or regional freight plans2 or 7#b7 one or more phases of capital projects1 equipment1 or operational improvements on roads1 rails1 landside infrastructure on ports and airports1 and intermodal connectors included in a ,state freight plan for projects that-- 7,a7 maintain or improve the efficiency and reliability of freight supply chains2 7,b7 demonstrate public freight benefits2 7,c7 improve modal components of a multimodal corridor that is critical to a ,state or region2 7,d7 address freight needs to facilitate a regionally or nationally significant economic development issue2 7,e7 in accordance with the ,state freight plan1 decrease-- 7i7 greenhouse gas emissions2 7ii7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7iii7 water runoff and other adverse water impacts2 and 7iv7 wildlife habitat loss2 7,f7 are multimodal1 multi-jurisdictional1 or corridor-based and address freight needs2 7,g7 relieve freight or non-freight access1 congestion1 or safety issues2 7,h7 mitigate the adverse impact of freight movement on communities traversed by freight railroads1 such as through grade separations2 or 7,i7 address first and last mile connectors4 7g7 ,federal ,share ,the ,federal share of the cost of a project carried out by a ,state using funds apportioned under this section may not be more than #hj percent4 7h7 ,limitation on funding ,the ,secretary shall make available not more than #d1jjj1jjj1jjj per fiscal year from the ,freight ,trust ,fund established under section #f of the ,economy in ,motion3 ,the ,national ,multimodal and ,sustainable ,freight ,infrastructure ,act to carry out this section4 7i7 ,administration and oversight costs ,the ,secretary may retain up to one-half of #a percent of the amounts available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under this section4 7j7 ,date available for obligation ,amounts from the ,freight ,trust ,fund made available to a ,state under this section shall be available for obligation on ,october #a of the fiscal year for which they are apportioned4 7k7 ,definitions 7#a7 ,state ,in this section1 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and ,puerto ,rico4 7#b7 ,state ,freight ,plan ,the term ,state freight plan means the ,state freight plan described under section #aaah of ,,map-#ba 7,public ,law #aab-ada74 #eejg4 ,national ,freight ,infrastructure ,competitive ,grant ,program 7a7 ,establishment ,the ,secretary shall establish a ,national ,freight ,infrastructure ,competitive ,grant ,program under which the ,secretary may make grants1 on a competitive basis1 to designated entities for eligible projects to improve the efficiency and reliability of freight movement in the ,united ,states4 7b7 ,project goals ,in carrying out the ,program1 the ,secretary shall prioritize projects that-- 7#a7 improve the efficiency and reliability of freight transportation2 7#b7 reduce the cost of freight transportation2 7#c7 improve the safety of freight transportation2 7#d7 relieve bottlenecks in the freight transportation system2 7#e7 improve the state of good repair of the freight transportation system2 and 7#f7 use the environmental strategies to meet the goals described in the ,state freight plan and reduce the adverse environmental and community impacts of freight transportation4 7c7 ,grant applications ,to be eligible to receive a grant under the ,program a designated entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7d7 ,eligible project ,a project is eligible for a grant under the ,program only if the ,secretary determines that the project-- 7#a7 is a capital investment project for a transportation infrastructure facility significantly used for the movement of freight1 including-- 7,a7 a road1 rail1 air1 or water facility2 7,b7 an intermodal facility such as a seaport or port on the inland waterway system1 an airport1 or a highway and rail intermodal facility2 7,c7 a facility related to an international border crossing2 or 7,d7 is for an operational improvement or equipment of a facility described in this paragraph2 7#b7 will help to achieve the goals set out in subsection 7b71 except that in the case of any environmental strategies and goals1 the ,secretary shall make a determination in consultation with the ,administrator of the ,environmental ,protection ,agency2 7#c7 has non-,federal source or sources of committed financing1 along with any ,federal funds1 sufficient to complete the project2 7#d7 has independent utility2 7#e7 is included in the ,state freight plan2 and 7#f7 includes the development of project plans and analysis4 7e7 ,grant criteria ,the ,secretary shall select eligible projects for funding based on the following criteria3 7#a7 ,the extent to which the project is likely to advance the goals described in subsection 7b74 7#b7 ,the likely benefits of the project relative to its costs4 7#c7 ,the extent to which the project demonstrates the use of innovative technology1 strategies1 and practices4 7#d7 ,the extent to which the project demonstrates effective reductions 7in accordance with the ,state freight plan7 in-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss4 7#e7 ,the likely effect of the project on increasing ,united ,states exports4 7#f7 ,the consistency of the project with the national freight strategic plan described under section #eejh4 7#g7 ,the extent to which the project leverages ,federal funds by matching ,state1 local1 tribal1 or private funds to the ,federal funding requested under the ,program4 7#h7 ,the extent to which funds for the project are not available from other ,federal sources4 7f7 ,special ,rule ,a minimum of #e percent of funds awarded under the ,program for a fiscal year shall be provided to freight electrification demonstration projects1 as defined by the ,secretary of ,transportation1 in consultation with the ,administrator of the ,environmental ,protection ,agency4 7g7 ,retrospective analysis ,a grant agreement made under the ,program shall require that the recipient collect data and report to the ,secretary1 at an appropriate time as determined by the ,secretary1 on-- 7#a7 the actual cost of constructing the project2 7#b7 the time required to complete the project and put it into service2 7#c7 the level of usage of the facility built or improved by the project2 7#d7 the benefits of the project1 measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the ,secretary2 and 7#e7 any costs resulting from the project in addition to the costs of constructing the project4 7h7 ,,epa report ,a grant agreement made under the ,program shall require that the recipient collect data and annually report to the ,secretary and the ,administrator of ,environmental ,protection ,agency on progress made toward greenhouse gas emission reductions and local air pollution reductions in fulfillment of the ,state freight plan4 7i7 ,period of availability ,in entering into agreements under this section1 the ,secretary shall ensure that any funds made available for a project that are not obligated or expended before the last day of the third fiscal year following the fiscal year in which the funds are made available are transferred back to the ,secretary for making grants under the ,program4 7j7 ,federal share ,the ,federal share of the cost of a project for which a grant is made under the ,program1 as estimated by the ,secretary1 shall be not more than #hj percent4 7k7 ,administration and oversight costs ,the ,secretary may retain up to one-half of #a percent of the amounts made available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under the ,program4 7l7 ,contract authority 7#a7 ,date available for obligation ,amounts from the ,freight ,trust ,fund to carry out this ,act shall be available for obligation on ,october #a of the fiscal year for which they are transferred to the ,secretary4 7#b7 ,grants as contractual obligations ,a grant made under the ,program is a contractual obligation of the ,government to pay the ,federal share of the cost of the project4 7m7 ,definitions ,in this section3 7#a7 ,designated entity ,the term designated entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a metropolitan planning organization2 7,d7 a public transportation authority 7including a port authority72 7,e7 a tribal government2 or 7,f7 or a consortium of the entities described in this paragraph4 7#b7 ,state ,the term ,state has the meaning given such term in section #aja7;a7 of title #bc4 7#c7 ,state ,freight ,plan ,the term ,state freight plan means the ,state freight plan described under section #aaah of ,,map-#ba 7,public ,law #aab-ada74 #eejh4 ,national freight policy1 network1 plan1 and data 7a7 ,in general ,it is the policy of the ,united ,states to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the ,united ,states to compete in the global economy and achieve each goal described in subsection 7b74 7b7 ,goals ,the goals of the national freight policy are-- 7#a7 to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the ,united ,states2 7#b7 to improve the safety1 security1 and resilience of freight transportation2 and 7#c7 to improve quality of life by reducing1 eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the ,united ,states4 7c7 ,national freight system defined ,in this section1 the term national freight system means the publicly and privately owned transportation facilities that are used in transporting freight within the ,united ,states1 including roads1 railroads1 ports1 waterways1 locks and dams1 airports1 airways1 warehouses1 distribution centers1 and intermodal facilities4 7d7 ,multimodal national freight network 7#a7 ,establishment ,the ,secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning1 to prioritize for ,federal investment1 to aid the public and private sector in strategically directing resources1 and to support ,federal decision making to achieve the national freight policy goals set forth in subsection 7b74 7#b7 ,network components ,the national freight network shall consist of such connectors1 corridors1 and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system4 7#c7 ,initial designation of the national freight network 7,a7 ,designation ,the ,secretary shall designate a national freight network-- 7i7 using measurable data to assess the significance of goods movement1 including consideration of points of origin1 destination1 and linking components of the ,united ,states global and domestic supply chains2 7ii7 fostering network connectivity2 and 7iii7 reflecting input collected from stakeholders through a public process1 including input from metropolitan planning organizations and ,states1 to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains4 7,b7 ,factors for designation ,in designating the national freight network1 the ,secretary may consider-- 7i7 volume1 tonnage1 and value of freight2 7ii7 origins and destinations of freight movement in1 to1 and from the ,united ,states2 7iii7 land and maritime ports of entry2 7iv7 population centers2 7v7 economic factors or other inputs determined to be relevant by the ,secretary2 7vi7 bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement2 7vii7 facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system2 and 7viii7 elements of the freight system identified and documented by a metropolitan planning organization and ,state using national or local data as having critical freight importance to the region4 7#d7 ,redesignation of the national freight network ,not later than #e years after the designation of the national freight network under paragraph 7#b7 and every #e years thereafter1 using the designation factors described in paragraph 7#a71 the ,secretary shall redesignate the national freight network4 7e7 ,national freight strategic plan 7#a7 ,establishment of plan ,not later than ,october #a1 #bjae1 the ,secretary shall1 in consultation with the ,secretary of ,homeland ,security1 ,secretary of ,commerce1 ,assistant ,secretary of the ,army for ,civil ,works1 the ,administrator of the ,environmental ,protection ,agency1 ,state departments of transportation1 and other appropriate public and private transportation stakeholders1 develop1 maintain1 and post on the ,department of ,transportation public website a national freight strategic plan that includes-- 7,a7 an assessment of the condition and performance of the national freight system2 7,b7 an identification of bottlenecks on the national freight system that create significant freight congestion problems1 based on a quantitative methodology developed by the ,secretary1 which shall1 at a minimum1 include-- 7i7 information from the ,freight ,analysis ,framework of the ,federal ,highway ,administration2 and 7ii7 to the maximum extent practicable1 an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented2 7,c7 forecasts of freight volumes for #aj-year and #bj-year periods beginning in the year during which the plan is issued2 7,d7 an identification of major trade gateways and national freight corridors that connect major population centers1 trade gateways1 and other major freight generators for current and forecasted traffic and freight volumes1 the identification of which shall be revised1 as appropriate1 in subsequent plans2 7,e7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance 7including opportunities for overcoming the barriers72 7,f7 an identification of routes providing access to energy exploration1 development1 installation1 or production areas2 7,g7 best practices for improving the performance of the national freight system2 7,h7 best practices for addressing the impacts of freight movement on communities2 7,i7 a process for addressing multistate projects and encouraging jurisdictions to collaborate2 and 7,j7 strategies to improve freight connectivity between modes of transportation4 7#b7 ,updates to national freight strategic plan ,not later than #e years after the date of completion of the first national freight strategic plan under paragraph 7#a71 and every #e years thereafter1 the ,secretary shall update and repost on the ,department of ,transportation public website a revised national freight strategic plan4 7f7 ,freight transportation conditions and performance reports ,not later than ,october #a1 #bjae1 and biennially thereafter1 the ,secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the ,united ,states4 7g7 ,transportation investment data and planning tools 7#a7 ,in general ,the ,secretary shall develop new tools and improve existing tools to support an outcome-oriented1 performance-based approach to evaluate proposed freight-related and other transportation projects1 including-- 7,a7 methodologies for systematic analysis of benefits and costs2 7,b7 freight forecasting models2 7,c7 tools for ensuring that the evaluation of freight-related and other transportation projects can consider safety1 economic competitiveness1 environmental sustainability1 and system condition in the project selection process2 and 7,d7 other elements to assist in effective transportation planning4 7#b7 ,freight data ,in support of these tools1 and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions1 the ,secretary shall-- 7,a7 direct the collection of appropriate transportation-related data1 including data to measure the condition and performance of the national freight system2 and 7,b7 consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand4 7#c7 ,consultation ,the ,secretary shall consult with ,federal1 ,state1 and other stakeholders to develop1 improve1 and implement the tools and collect the data identified pursuant to this subsection4 7#d7 ,multimodal freight measure ,the ,secretary shall evaluate the analyses and plans required under section #eejf7;c77#b7 and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the national freight strategic plan4 4 7b7 ,conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #ee of title #di1 ,united ,states ,code1 is amended by adding after the item related to section #eeje the following3 #eejf4 ,multimodal ,freight ,funding ,formula ,program4 #eejg4 ,national ,freight ,infrastructure ,competitive ,grant ,program4 #eejh4 ,national freight policy1 network1 plan1 and data4 4 7#b7 ,repeal ,section #afg of title #bc1 ,united ,states ,code1 is repealed4 7#c7 ,cross-reference ,section #eje7;a77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #adi1 and #afg and inserting and #adi1 and section #edje of title #di4 #c4 ,state ,freight ,advisory ,committee ,section #aaag of ,,map-#ba 7,public ,law #aab-ada7 is amended to read as follows3 #aaag4 ,state ,freight ,advisory ,committees 7a7 ,in general ,the ,secretary shall encourage each ,state to establish and maintain a freight advisory committee consisting of a representative cross-section of public and private sector freight entities1 including-- 7#a7 any modes of freight transportation active in the ,state1 including airports1 highways1 ports1 and rail2 7#b7 shippers2 7#c7 carriers2 7#d7 freight-related associations2 7#e7 the freight industry workforce2 7#f7 the transportation department of the ,state2 7#g7 metropolitan planning organizations2 7#h7 local governments2 7#i7 the environmental protection department of the ,state1 if applicable2 and 7#aj7 the air resources board of the ,state1 if applicable4 7b7 ,qualifications ,members of a committee established under subsection 7a7 shall be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group1 including-- 7#a7 a general business and financial experience2 7#b7 experience or qualifications in the areas freight transportation and logistics2 7#c7 experience in transportation planning2 7#d7 experience representing employees of the freight industry2 or 7#e7 experience representing a ,state1 local government1 or metropolitan planning organization4 7c7 ,roles of committee ,the freight advisory committee shall-- 7#a7 advise the ,state on freight-related priorities1 issues1 projects1 and funding needs2 7#b7 serve as a forum for discussion for ,state transportation decisions affecting freight mobility2 7#c7 communicate and coordinate regional priorities with other organizations2 7#d7 promote the sharing of information between the private and public sectors on freight issues2 7#e7 participate in the development of the ,state freight plan under section #aaah1 including advising on the development of the freight investment plan2 and 7#f7 approve the ,state freight plan under section #aaah1 including the freight investment plan4 4 #d4 ,state freight plans ,section #aaah of ,,map-#ba 7,public ,law #aab-ada7 is amended to read as follows3 #aaah4 ,state freight plans 7a7 ,in general ,the ,secretary shall encourage each ,state to develop a freight plan that provides a multimodal1 comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 ,the freight plan shall include a strategic1 long-term component and a tactical1 short-term component4 7b7 ,plan contents ,the freight plan described in subsection 7a7 shall consider all modes of freight transportation in the ,state and include1 at a minimum-- 7#a7 an identification of significant freight system trends1 needs1 and issues with respect to a ,state2 7#b7 a description of the freight policies1 strategies1 and performance measures that will guide the freight-related transportation investment decisions of the ,state2 7#c7 a description of how the plan will improve the ability of the ,state to meet the national freight goals established under section #eejh of title #di1 ,united ,states ,code2 7#d7 evidence of consideration of innovative technologies and operational strategies1 including intelligent transportation systems1 that improve the safety and efficiency of freight movement2 7#e7 in the case of routes on which travel of heavy vehicles 7including mining1 agricultural1 energy cargo or equipment1 and timber vehicles7 is projected to substantially deteriorate the condition of the roadways1 a description of improvements that may be required to reduce or impede the deterioration2 7#f7 an inventory of facilities with freight mobility issues1 such as truck bottlenecks1 within the ,state1 and a description of the strategies the ,state is employing to address those freight mobility issues2 7#g7 strategies and goals to decrease-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution1 including ozone and ozone precursors1 nitrogen oxides1 sulfur dioxide1 particulate matter1 carbon monoxide1 and lead2 7,c7 water runoff and other adverse water impacts2 and 7,d7 wildlife habitat loss2 and 7#h7 a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under the ,economy in ,motion3 ,the ,national ,multimodal and ,sustainable ,freight ,infrastructure ,act would be invested and matched4 7c7 ,requirement of anticipated full funding ,the freight investment plan required under subsection 7b77#h7 may only include a project1 or an identified phase of a project1 if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan4 7d7 ,relationship to long-,range plan ,the freight plan described in subsection 7a7 may be developed separate from1 or incorporated into1 the long-range statewide transportation plan required under section #ace7;f7 of title #bc1 ,united ,states ,code4 7e7 ,certification ,the ,secretary shall approve a freight plan if such plan meets the requirements of this section and is consistent with the ,national freight strategic plan described in section #eejh of title #di1 ,united ,states ,code4 ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency shall certify any environmental goal or strategy provisions of the plan4 7f7 ,forecast period ,the freight plan described in subsection 7a7 shall address a #aj-year and #bj-year forecast period4 7g7 ,updates ,a ,state shall update the freight plan at least every #e years4 4 #e4 ,freight ,trust ,fund 7a7 ,in general ,subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ieab4 ,freight ,trust ,fund 7a7 ,creation of ,trust ,fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,freight ,trust ,fund 7hereinafter in this section referred to as the ,fund7 consisting of such amounts as may be appropriated or credited to such ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to the fund ,there are hereby appropriated to the ,fund amounts equivalent to taxes received in the ,treasury under section #dbhf4 7c7 ,expenditures from fund ,amounts in the ,fund shall be made available to the ,secretary of ,transportation on ,october #a of each fiscal year without further appropriation for making expenditures to meet the obligations of the ,united ,states to carry out sections #eejf and #eejg of title #di1 ,united ,states ,code1 not more than #a percent of which for any fiscal year may be used for administrative expenses4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #ih of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #ieab4 ,freight ,trust ,fund4 4 #f4 ,freight mobility infrastructure tax 7a7 ,imposition of tax ,chapter #cc of the ,internal ,revenue ,code of #aihf is amended by adding after subchapter ,c the following new subchapter3 ,d ,transportation by ,freight and ,highway ,sec4 #dbhf4 ,imposition of tax4 #dbhf4 ,imposition of tax 7a7 ,in general ,there is hereby imposed upon taxable ground transportation of property within the ,united ,states a tax equal to #a percent of the amount paid for such transportation4 7b7 ,by whom paid 7#a7 ,in general ,except as provided by paragraph 7#b71 the tax imposed by subsection 7a7 shall be paid-- 7,a7 by the person making the payment subject to tax1 or 7,b7 in the case of transportation by a related person1 by the person for whom such transportation is made4 7#b7 ,payments made outside the ,united ,states ,if a payment subject to tax under subsection 7a7 is made outside the ,united ,states and the person making such payment does not pay such tax1 such tax-- 7,a7 shall be paid by the person to whom the property is delivered in the ,united ,states after the final segment of transportation in the ,united ,states1 and 7,b7 shall be collected by the person furnishing the last segment of such transportation4 7#c7 ,determinations of amounts paid in certain cases ,for purposes of this section1 rules similar to the rules of section #dbga7;c7 shall apply4 7c7 ,transportation by related persons ,in the case of transportation of property by the taxpayer or a person related to the taxpayer1 the fair market value of such transportation shall be the amount which would be paid for transporting such property if such property were transported by an unrelated person1 determined on an arms' length basis4 7d7 ,definitions ,for purposes of this subchapter-- 7#a7 ,taxable ground transportation 7,a7 ,in general ,the term taxable ground transportation means transportation of property by-- 7i7 freight rail1 or 7ii7 commercial motor vehicle 7as defined in section #caaja7a7 of title #di1 ,united ,states ,code7 for a distance of more than #ej miles4 7,b7 ,passenger baggage excluded ,for purposes of subparagraph 7,a71 the term property does not include baggage accompanying a passenger traveling on an established line4 7#b7 ,related person ,a person 7hereinafter in this paragraph referred to as the related person7 is related to any person if-- 7,a7 the related person bears a relationship to such person specified in section #bfg7;b7 or #gjg7;b77#a71 or 7,b7 the related person and such person are engaged in trades or businesses under common control 7within the meaning of subsections 7a7 and 7b7 of section #eb74 ,for purposes of the preceding sentence1 in applying sections #bfg7;b7 and #gjg7;b77#a71 #aj percent shall be substituted for #ej percent each place it appears4 7e7 ,transfer of amounts equivalent to tax to ,freight ,trust ,fund ,there are hereby appropriated to the ,freight ,trust ,fund amounts equivalent to the taxes received in the ,treasury under subsection 7a74 7f7 ,exemption for ,united ,states and possessions and ,state and local governments ,the tax imposed by subsection 7a7 shall not apply to the transportation of property purchased for the exclusive use of the ,united ,states1 or any ,state or political subdivision thereof4 4 7b7 ,credits or refunds to persons who collected certain taxes ,section #fdae of such ,code is amended by striking or #dbga each place it appears and inserting #dbga1 or #dbhf4 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall issue regulations to carry out the amendments made by this section4 7d7 ,effective date ,the amendments made by this section shall apply to transportation beginning on or after the last day of the #ahj-;day period beginning on the date of the issuance of regulations under subsection 7c74